Tag Archives: unprecedent

India hits back, row with U.S. hots up

By Sandeep Dikshit

Withdraws some privileges in retaliation for arrest of Indian deputy consul

India on Tuesday set in motion an array of retaliatory steps against U.S. diplomats based across the country for the manner of arrest of an Indian diplomat in New York, signalling the escalation of an unprecedented bilateral row.

The government asked all U.S. consular officers to turn in their identity cards and the entire American diplomatic corps their airport passes while senior Congress leaders snubbed a visiting U.S. Congressional delegation for the second straight day by refusing to meet it.

The government also ordered the Delhi Police to remove concrete barricades on public land and roads that have existed for years around the U.S. embassy, sought salary details and bank accounts of all Indian staff employed at the missions and stopped all import clearances for the U.S. embassy, especially for liquor.

Read more » The Hindu
http://www.thehindu.com/news/national/india-hits-back-row-with-us-hots-up/article5469325.ece

Daily Times Editorial : Virtual judicial coup

The Supreme Court’s (SC’s) verdict on the petitions challenging the ruling of the Speaker of the National Assembly (NA) that rejected the argument that Prime Minister (PM) Yousaf Raza Gilani stood disqualified after being convicted and sentenced for contempt of court has pronounced that he does stand disqualified, not only from the premiership, but from membership of parliament as well. Not just that, the SC in its short order has laid down that he cannot stand for election for five years. To that end, the SC has sent instructions to the Election Commission (EC) to issue a notification to that effect. Meantime the PPP’s Central Executive Committee (CEC), which happened to be meeting when the verdict was announced, revealed its decisions on the crisis through a press conference by PPP leaders. The gist of the CEC’s decisions was that despite having reservations about the SC’s verdict, they had accepted the court’s finding that the conviction and sentencing till the rising of the court of Gilani for contempt on April 26 meant that he was no longer the PM, and with retrospective effect, had been removed on and since that date. The PPP has appealed to its workers and supporters to remain calm and restrained, despite the fact that the verdict is bound to inflame opinion in the PPP and allied camp. The CEC has empowered party Co-chairperson President Asif Ali Zardari to take whatever decisions he thinks fit regarding a replacement for Gilani. The intriguing question of course is whether the new PM will suffer the same pressure from the SC to write the letter to the Swiss authorities regarding President Asif Ali Zardari that the court was insisting on Gilani writing, and refusal to comply with which had attracted the contempt conviction for the former PM. In that case, the looming confrontation between state institutions, which began as a confrontation between the judiciary and the executive, could expand to now a confrontation between the judiciary and parliament as well. After all, the SC’s verdict overruling the Speaker of the NA too has set an unprecedented example, one that will reverberate in our jurisprudence for a long time to come. Questions have also been raised whether all the decisions and acts of the former PM since April 26 to date stand. The most important of these acts was the passing of the budget. It is possible that the detailed judgement may throw more light on this matter. Normally, courts are mindful that retrospective judgements should not disrupt things done and transactions closed to an extent that causes greater difficulties.

Continue reading Daily Times Editorial : Virtual judicial coup

Pakistan – A History of Judicial Tyranny

By Shehryar Riaz Sheikh

26 April 2012 was another tragic day in our democratic history; the unanimously elected Prime Minister of Pakistan who in his wisdom ordered the release of the deposed Lordships of the Superior Courts immediately upon his election was convicted of Contempt of Court. Notwithstanding the uniqueness of NRO judgment condemning over 8000 accused without a hearing and the inherent selectivity of only targeting the President and his aides in the process, the overwhelming part of the judgment was implemented by the Federation of Pakistan. It is pertinent to mention that the grand strategist (of the “strategic depth” fame)–the promulgator of the infamous Ordinance luxuriously resides safe and secure from the wrath of law. Former Prime Minister Mohammad Khan Junejo and his almost 9 March’07 like moment of defiance during the notorious Zia regime is a case in point as to how an instance of individual heroism could not break the dictatorial chains. In case of the present dispensation, it was Benazir Bhutto’s sheer political maneuvering in striving for a political settlement, her ultimate sacrifice coupled with the sagacity of the political leadership along and the democratic struggle unleashed by the lawyers movement which paved way for the return of democracy to Pakistan. The present democratic dispensation is the sequel to NRO. History is bound to narrate as to how if had not been achieved, there would have been no elections, no assemblies, no free media and no free judiciary. The national leadership too would still have been languishing in exile.

Continue reading Pakistan – A History of Judicial Tyranny

The military-backed judges and a section of media and politicians acting against the PPP leadership as instruments of power and negotiation through the decades

A question of accountability

By Raza Rumi

The inevitable has happened. An assertive judiciary has convicted the prime minister even if the punishment was token — awarded for non-compliance of court orders. The prime minister’s counsel, Aitzaz Ahsan, has objected to the judgment saying that the punishment awarded was beyond the scope of his original indictment. There are multiple legal questions surrounding this decision and only the full judgment will clarify matters. However, it is the political ramifications of judicial assertion, which are of import in today’s Pakistan.

The PPP’s victim card — of being wronged by the establishment and the courts — is not entirely unfounded. Yet, this Supreme Court is not the court of the past. The lawyers’ movement (2007-9) allowed for an unprecedented populist backing to the courts and now many vested interests and groups deem the courts a natural ally in their own quest for independence, leverage and profits.

Public officials must be held accountable for their transgressions. This is vital for effective governance as well as for building legitimacy of democratic institutions. In purely technical terms, the Court’s decision is a welcome one. No longer can the executive be allowed to trample on judicial orders. After all, a letter to the Swiss authorities seeking the reopening of a case against President Asif Ali Zardari may have averted the crisis. Presidential immunity in the international and domestic laws is a given. However, in hindsight, this was a great opportunity for the PPP to underscore the fact that it is always the victim of selective accountability.

The cases against President Zardari and twice-elected Prime Minister Benazir Bhutto were registered by their political opponents, i.e., military-backed arbitrary presidents; and the main opposition party, which till 1999 was on the right side of the establishment. This context cannot be divorced from the legal aspects of the case. That said, at the end of the day the courts decide on issues of law and fact. The truth is that the Pakistani state has used cases against the PPP leadership as instruments of power and negotiation through the decades. This is why the perception within the PPP support base especially in Sindh (and now southern Punjab) is that the court’s verdict is not a ‘fair’ one given that other political parties and state institutions have gotten away with far worse.

As for the Supreme Court, it has done its job according to its interpretation of the Constitution and law. That, however, will not prevent the PPP from using the conviction to ramp up its support, especially with the next election around the corner.

Moving on, the role of some TV channels and anchors in acting as lawyers, judges and prosecutors has been most worrying. Legal issues require informed debate and political commentary requires objectivity. Both were missing before and after the Supreme Court verdict. This brings us to the vital issue of accountability of the new players in the power game.

The higher courts are accountable via the Supreme Judicial Council. The latter’s record has not been encouraging, as far as holding members of the superior judiciary accountable is concerned. Similarly, the media — or large segments of it — acts as if it is not accountable to any authority.

Continue reading The military-backed judges and a section of media and politicians acting against the PPP leadership as instruments of power and negotiation through the decades

Options matrix before Gen. Kayani for the appointment of Spy chief – Aabpara auditions

Aabpara auditions

By Wajahat S Khan

It’s appointment time at the Fortress on 7th Avenue. Pakistan’s premier intelligence arm, the Directorate of Inter-Services Intelligence, is transitioning through a change of the guard. After an unprecedented two extensions at the helm of the ISI, infantryman (or as he prefers it, Piffer) Lt. Gen. Ahmad Shuja Pasha is getting ready for golfing. Or is he?

The deadline for the switchover is March 18th, the day Pasha says goodbye to his Aabpara staff of at least six sub-directorates (‘Analysis’, ‘Counter’, ‘Internal’, ‘Media’, ‘Special’ & ‘Technical’) and goes packing. Assuming he will either not be offered an extension (which has to officially come from the office of the prime ninister), nor accept an extension if it is offered (which may be likely as it will make him look good and the PM/government seem thankful and happy), the DG-I (preferred again, for only civilians call him DG-ISI) will be replaced by a man who will have to be battle-ready without the luxury of any ‘settling in’ period. ….

Read more » The Friday Times

Institute for Defence Studies & Analysis (idsa) – Pakistan Military’s Desire to Slip Into The Driving Seat Once Again

By P. K. Upadhyay

Excerpt;

Some very strange developments seem to be unfolding in Pakistani politics. A political dogfight between the civilian and military leaderships has been unheard off in the country’s history so far. The generals never had to air their differences with the political masters in the public as they are doing at present. When faced with a ‘defiance’ of their writ at any stage, the generals have always taken over power after booting-out the civilian government. …..

…. Then why this time around is General Kayani not able to push out the President and Prime Minister ….

….. Nawaz Sharief’s efforts to fish in troubled waters as also to move closer to the Army’s position on ‘Memogate’ ….

….. It was clear that the Army was reluctant to assume power and, at the same time, also reluctant to let the Zardari-led PPP government continue. It appears to have chosen the judicial route to hound out the government. Apparently, a deal between the Army and the Chief Justice of Pakistan allowed not just a renewed focus on the old National Reconciliation Ordinance (NRO) cases against Zardari and others, but also the setting up of a four-judge judicial enquiry into Memogate ….

…. Why is this unprecedented and uncharacteristic spat between the Army and the civilian government continuing? Apparently, the United States is a factor. Although, for the record, the US Administration and Pentagon had dismissed the memo to Mullen, they seem to have quietly acted on it by heavily leaning on the Pakistan Army. Despite the recent breakdown in their relationship, the US military still has a considerable hold over the Pakistan Army …..

…. Why is this unprecedented and uncharacteristic spat between the Army and the civilian government continuing? Apparently, the United States is a factor. Although, for the record, the US Administration and Pentagon had dismissed the memo to Mullen, they seem to have quietly acted on it by heavily leaning on the Pakistan Army. Despite the recent breakdown in their relationship, the US military still has a considerable hold over the Pakistan Army in the form of continuing supply of spares and other vital equipment, apart from training and intelligence cooperation. The Americans could have conveyed to Kayani and company that ousting the civilian regime in a coup would mean a total break in links, including the supply of spares and other wherewithal. The Pakistan Army cannot resist this pressure, since without using US supplied armour and attack helicopters, it cannot continue its operations against the Taliban in FATA or the Baluchi rebels in Baluchistan. Another inhibiting factor for Kayani and his generals could be the extent of penetration of the Army by jehadi elements. For sometime now, there appears to be a lull in clashes between Islamic radicals and the Army. While a let-up in US drone strikes (after the handing over of the Shamsi airbase) appears to be a significant facilitating factor for this lull, it cannot be the key trigger for it. The possibility of a JUI (F) brokered truce between the Army and Taliban should not be ruled out. The Army wants to preserve this truce for the present and, therefore, is reluctant to rock the boat by staging a coup at this juncture. It possibly fears that in case it ousts the Zardari government and becomes all powerful, that may have some destabilizing impact on the current truce with the Taliban. Lastly, Kayani and other senior generals may still not be out of the shock they suffered from the violent outbursts of junior officers after the Abbottabad raid. They recognize that the younger lot of Pakistan Army Officers does not come from traditional sections of the society known for its contempt for ‘civilians’ and their ways. These officers are the off-spring of former JCOs/NCOs of the military, as also the urban middle and lower middle classes, and may be harbouring a strong antipathy towards the bourgeois attitudes of their superiors.

This, however, does not mean that Kayani and company are going to let the Zardari-Gilani combine continue to spite them. Army backed judicial action against the regime is a strong possibility. ….

To read complete article » Institute of Defence Studies & Analysis (idsa)

http://www.idsa.in/idsacomments/PakistanMilitaryDesiretoSlipIntoTheDrivingSeatOnceAgain_PKUpadhyay_130112

Noam Chomsky Speaks to Occupy

Noam Chomsky Speaks to Occupy: If We Want a Chance at a Decent Future, the Movement Here and Around the World Must Grow

By Noam Chomsky

In a speech to Occupy Boston, the linguist and icon hailed the “unprecedented” first weeks of OWS. He cautioned protesters to build and educate first, strike later.

November 1, 2011, It’s a little hard to give a Howard Zinn Memorial Lecture at an Occupy meeting. There are mixed feelings that go along with it. First of all, regret that Howard is not here to take part and invigorate it in his particular way, something that would have been the dream of his life, and secondly, excitement that the dream is actually being fulfilled. It’s a dream for which he laid a lot of the groundwork. It would have been the fulfillment of a dream for him to be here with you.

The Occupy movement really is an exciting development. In fact, it’s spectacular. It’s unprecedented; there’s never been anything like it that I can think of. If the bonds and associations that are being established at these remarkable events can be sustained through a long, hard period ahead — because victories don’t come quickly– this could turn out to be a very significant moment in American history. ….

Read more » AlterNet

Pakistan-U.S. security relationship at lowest point since 2001, officials say

By Karen DeYoung and Griff Witte

The security relationship between the United States and Pakistan has sunk to its lowest level since the two countries agreed to cooperate after the Sept. 11, 2001, attacks, endangering counterterrorism programs that depend on the partnership, according to U.S. and Pakistani officials.

Both sides say further deterioration is likely as Pakistan’s military leadership comes under unprecedented pressure from within its ranks to reduce ties with the United States. The army chief, Gen. Ashfaq Kayani, was jeered last month by fellow officers who demanded in a town-hall-style meeting that he explain why Pakistan supports U.S. policy.

Kayani “is fighting to survive,” said one U.S. official, speaking on the condition of anonymity because of current sensitivities. “His corps commanders are very strongly anti-U.S. right now, so he has to appease them.” …

Read more: The Washington Post

Military monopoly challenged

by Dr Manzur Ejaz

Excerpt;

Pakistan’s socio-political system has reached a critical stage where the competition or confrontation between institutions is leading to an inevitable but unexpected change. An overwhelmingly agrarian Pakistani society has evolved into a multi-layered complex body where new urban middle classes have matured enough to play a role. If the dominant institutions of the military and political elites do not rapidly adjust to the changing reality, an unprecedented and disastrous situation can develop.

Whatever way we cut it, the incidents of the last month compelled the military to come to parliament and explain itself to the legislators and the public. Despite the chiding posture of General Shuja Pasha, this was a new development. But then, Chief of the Army Staff (COAS) General Ashfaq Pervez Kayani issued a long rebuttal, a public criticism, after the 139th Corps Commander’s Conference. In this comprehensive statement, he reasserted the military’s monopoly over defining the ideology and policy of the state of Pakistan. If one dissects General Kayani’s statement, part of it is the military’s claim to define the country as an ‘Islamic’ state and other parts are operational policies as to how the country is going to be run.

What General Kayani and the army do not realise is that the military’s monopoly over the Pakistani state was the product of a set of historical factors that have substantially changed. Now, other institutions of the state are maturing to the level that a new inter-institutional balance has to evolve or the state will wither away. …

… In the last decade, the media, as an institution, was rising and having an impact on different sectors of society. The movement for the restoration of the independent judiciary also showed that a vital branch of the state was gaining enough maturity. The way the PML-N acted as an opposition party was also another sign of the strengthening of democratic forces. Despite the incompetent PPP government and its non-cooperation with the judiciary or with the genuine political opposition, it is becoming clearer that a realignment of institutional balance is underway. Therefore, the military is facing other sets of forces that are different from the 70s. In this situation, the military can unleash ruthlessness to suppress the emerging forces or concede to them as a fait accompli. Maybe the military has read the tea leaves as an ex-COAS, General Jehangir Karamat maintains, but it has yet to be seen how far the military can withdraw itself from civilian affairs.

To read complete article: Wichaar